How CBD Confusion Can Lead to a Marijuana Arrest

February 28, 2019March 1, 2019

Cannabidiol (CBD) oil is an emerging product that has become widely available in many states. It has been used to treat a slew of conditions and illness including anxiety, depression, and heart disease.

Last year, Indiana become one of those states. Residents of the Hoosier State can now purchase CBD products if they contain no more than 0.3 percent THC, contain at least 5 percent CBD and contain no other controlled substances.

While this may be good news for many consumers, lack of understanding of the law could put some people in legal peril. Possession of any product that purports to be legal, yet contains unlawful traces of THC, could result in a marijuana charge.

Take precautions with the products you purchase

Police in Greenfield recently issued a public warning regarding possession of CBD flowers. The product, which police asked retailers to pull from shelves, looks like, feels like and smells like marijuana. It can also test positive for marijuana if identified as such by a drug-sniffing dog.

Representatives of the distributors, Indy Hemp Company and Aspen Valley, claim that the product follows the state's CBD laws.

When purchasing CBD products in Indiana, it's important to ensure that the THC levels are within the legal limit before purchasing. Retailers are required to label products with a QR code, which allows you to scan each product for detailed information.

Marijuana, even for medical purposes, remains illegal in Indiana. Criminal penalties for those in possession can be harsh:

Under 30 grams first offense: Class B misdemeanor charge with up to 180 days in county jail and a fine up to $1,000.

Under 30 grams second offense: Class A misdemeanor charge with up to one year in county jail and a fine up to $5,000.

Over 30 grams: Level 6 felony charge with six months to two and a half years in prison and a fine up to $10,000.

Criminal attorney you can trust

If you believed that you followed the state laws, being arrested and charged with possession of marijuana can come as a shock. Having such an arrest on your record can carry life-long consequences and make finding employment difficult.

That's why it's crucial that you speak to an experienced Indianapolis criminal defense attorney Get Brett Osborne at Hocker & Associates LLC in your corner. He will review the details of your arrest, examine the evidence being used against you, and work tirelessly to build a solid defense.

In many cases, those charged with marijuana possession can enter a drug treatment or substance abuse program as a substitute for a jail sentence.